HomeMy WebLinkAbout2005-07-18 City Council Summary Minutes
Special Meeting July 18, 2005
1. Interview of Candidates for the Planning and Transportation
Commission ...................................................................................244
ADJOURNMENT ......................................................................................244
1. CONFERENCE WITH LABOR NEGOTIATOR ..........................................245
1A. (Old Item No. 10) CONFERENCE WITH CITY ATTORNEY--
POTENTIAL/ANTICIPATED LITIGATION ..............................................245
1B. (Old Item No. 11) CONFERENCE WITH CITY ATTORNEY-
POTENTIAL/ANTICIPATED LITIGATION ..............................................245
ORAL COMMUNICATIONS ........................................................................246
APPROVAL OF MINUTES ..........................................................................246
2. Approval of a Resolution in Support of the Guidelines and Standards
for Land Uses Near Streams and the 2005-06 Implementation Program
of the Santa Clara Valley Water Resources Protection Collaborative ......247
3. Approval of a Budget Amendment Ordinance in the Amount of $15,219
and an Increase in Change Order Contingency to Contract C04142146
with Duran & Venables, Inc. for Construction of Harbor Point and
Byxbee Park Parking Lot Improvements (Capital Improvement
Program Project OS-00003) to Resolve a Dispute Between the City and
Duran & Venables ..........................................................................247
4. Approval of a Resolution Amending the Administrative Penalty
Schedule and Civil Penalty Schedules for Violations of the Palo Alto
Municipal Code and the Vehicle Code ................................................247
5. Approval of a Utilities Enterprise Fund Contract with Roto Rooter in the
Amount of $480,000 for Sewer Lateral Cleaning Services ....................247
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6A. (Old Item No. 6) Approval of a Contract with Itron, Inc. in the Amount
of $606,179 for Furnishing and Installing a Limited Automated Meter
Reading (AMR) System ...................................................................248
7. Public Hearing: Confirmation of Weed Abatement Report and Approval
and/or Modification Assessments for Weed Abatement ........................249
8. Approval of Contract with NOVA Partners, Inc. in the Amount of
$173,678 for Construction Management Services and an Update on the
Children's Library Renovation and Expansion -- Capital Improvement
Program Project PE-04010...............................................................249
9. Contract with CPS Executive Search for Council Appointed Officers
(CAO) Evaluations ..........................................................................250
ADJOURNMENT ......................................................................................253
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The City Council of the City of Palo Alto met on this date in the Council
Conference Room at 5:48 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg, Morton
(arrived at 5:50 p.m.), Mossar, Ojakian
SPECIAL ORDERS OF THE DAY
1. Interview of Candidates for the Planning and Transportation
Commission
No action required.
ADJOURNMENT: The meeting adjourned at 6:58 p.m.
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Regular Meeting
July 18, 2005
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 7:03 p.m.
PRESENT: Beecham, Burch, Cordell, Freeman, Kishimoto, Kleinberg,
Morton, Mossar, Ojakian
CLOSED SESSION
MOTION: Vice Mayor Kleinberg moved, seconded by Mossar, to move Item
Nos. 10 and 11 forward ahead of Item No. 2 to become Item Nos. 1A and
1B.
MOTION PASSED 9-0.
The meeting adjourned to a Closed Session at 7:05 p.m.
1. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: City Manager and his designees pursuant to the
Merit System Rules and Regulations (Frank Benest, Emily Harrison,
Carl Yeats, Russ Carlsen)
Employee Organization: Unrepresented Employee Group Management
Professional Employees
Authority: Government Code section 54957.6(a)
1A. (Old Item No. 10) CONFERENCE WITH CITY ATTORNEY--
POTENTIAL/ANTICIPATED LITIGATION
Subject: Written claim for damages against the City of Palo Alto by
Elaine Miller
Authority: Government Code section 54956.9(b)(1) & (b)(3)(C)
1B. (Old Item No. 11) CONFERENCE WITH CITY ATTORNEY-
POTENTIAL/ANTICIPATED LITIGATION
Subject: Written claim for damages against the City of Palo Alto by
CSAA Insurance for Gordon Kotik & Joni Okamoto
Authority: Government Code Sections 54956.9(b)(1) & (b)(3)(C)
The City Council reconvened to the regular City Council Meeting at 7:40 p.m.
The City Council met in Closed Session to discuss matters regarding labor
negotiations and potential/anticipated litigation as described in Agenda Item
Nos. 1, 1A and 1B.
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Mayor Burch announced there was no reportable action taken on
Item No. 1.
City Attorney Gary Baum announced reportable action was taken on
Item No. 1A with a unanimous vote approving a settlement in the
amount of $28,844.64 to Elaine Miller, and also noted there was no
reportable action on Item No. 1B.
ORAL COMMUNICATIONS
Don Letcher, 788 North Rengstorff Avenue, Mountain View, spoke regarding police oversight and tasers.
Danielle Martell spoke regarding Palo Alto case number/report number 051-
400-222.
APPROVAL OF MINUTES
MOTION: Council Member Morton moved, seconded by Ojakian, to approve
the minutes of June 20, 2005, as submitted.
MOTION PASSED 9-0.
CONSENT CALENDAR
Herb Borock, P.O. Box 632, spoke regarding Item No. 6.
Council Member Freeman moved, seconded by Kishimoto, requested Item No. 6 be removed from the Consent Calendar.
Mayor Burch said Item No. 6 would be pulled and renumbered Item No. 9A.
Council Member Freeman referred to Item No. 2 and stated the residents
and commercial property owners should be advised of the impacts of the
Water Resource Protection Guidelines.
Director of Public Works Glenn Roberts said the action for Item No. 2 was a
resolution intended to direct staff to continue to work on the collaborative
process.
Council Member Freeman registered a no vote on Item No. 2.
MOTION: Council Member Morton moved, seconded by Ojakian, to approve
Item Nos. 2-5 on the Consent Calendar.
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LEGISLATIVE
2. Approval of a Resolution in Support of the Guidelines and Standards
for Land Uses Near Streams and the 2005-06 Implementation Program
of the Santa Clara Valley Water Resources Protection Collaborative
Resolution 8545 entitled “Resolution of the Council of the City of
Palo Alto in Support of the Guidelines and Standards for Land
Uses Near Streams and the 2005-06 Implementation Program of
the Santa Clara Valley Water Resources Protection Collaborative”
3. Approval of a Budget Amendment Ordinance in the Amount of $15,219
and an Increase in Change Order Contingency to Contract C04142146
with Duran & Venables, Inc. for Construction of Harbor Point and
Byxbee Park Parking Lot Improvements (Capital Improvement
Program Project OS-00003) to Resolve a Dispute Between the City and
Duran & Venables
Ordinance 4877 entitled “Ordinance of the Council of the City of
Palo Alto Amending the Budget for the Fiscal Year 2005-06 to
Provide an Additional Appropriation of $15,219 from the
Infrastructure Reserve into Capital Improvement Program (CIP) Project Number 0S-00003, Open Space Parking Improvements”
4. Approval of a Resolution Amending the Administrative Penalty
Schedule and Civil Penalty Schedules for Violations of the Palo Alto
Municipal Code and the Vehicle Code
Resolution 8546 entitled “Resolution of the Council of the City of
Palo Alto Amending the Administrative Penalty Schedule and Civil
Penalty Schedules for Certain Violations of the Palo Alto
Municipal Code and the California Vehicle Code Established by
Resolution No. 8345”
ADMINISTRATIVE
5. Approval of a Utilities Enterprise Fund Contract with Roto Rooter in the
Amount of $480,000 for Sewer Lateral Cleaning Services
MOTION PASSED 9-0 for Item Nos. 3-5.
MOTION PASSED 8-1 for Item No. 2, Freeman no.
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MOTION: Vice Mayor Kleinberg moved, seconded by Freeman, to place
Consent Calendar Item No. 6 under Agenda Changes, Additions, and
Deletions.
MOTION PASSED 9-0.
AGENDA CHANGES, ADDITIONS, AND DELETIONS
6A. (Old Item No. 6) Approval of a Contract with Itron, Inc. in the Amount
of $606,179 for Furnishing and Installing a Limited Automated Meter
Reading (AMR) System
Council Member Freeman asked whether the reduction of six employees,
who read meters, was included in the Return on Investment (ROI).
Assistant City Manager Emily Harrison said the six meter reading employees
would probably be included in the ROI; labor agreement changes needed to
be negotiated with the represented units.
Senior Marketing Analyst Taha Fattah said there would be savings from the
reduction of daily meter readings to monthly meter readings.
Council Member Freeman said there would be also be timesavings.
Mr. Fattah confirmed.
Council Member Freeman asked why cost effectiveness could not be
calculated.
Mr. Fattah said it was difficult to calculate cost effectiveness because it was
a pilot project with unanticipated problems.
Council Member Freeman asked what portion of the system was software
cost and when would estimates be made available.
Mr. Fattah said it was approximately $80,000 and the estimates would be
available in the next phase of the project.
MOTION: Council Member Morton moved, seconded by Mossar, to approve
and authorize the City Manager to execute the attached contract with
ITRON, Inc. in the amount of $556,179 for furnishing and installing a limited
Automated Meter Reading (AMR) System in two phases; and authorize the
City Manager or his designee to negotiate and execute one or more change
orders to the contract with ITRON, Inc. for related additional, but
unforeseen, work which may develop during the project, the total value of
which shall not exceed $50,000.
07/18/05 99-248
MOTION PASSED 9-0.
PUBLIC HEARINGS
7. Public Hearing: Confirmation of Weed Abatement Report and Approval
and/or Modification Assessments for Weed Abatement
Mayor Burch asked whether the City Clerk had received written objections.
City Clerk Donna Rogers said none had been received.
Mayor Burch declared the Public Hearing open and, receiving no requests to
speak, declared the Public Hearing closed at 8:05 p.m.
MOTION: Council Member Ojakian moved, seconded by Morton, to approve
the staff recommendation to hear and consider objections from affected
property owners of proposed assessments related to completed weed
abatement work and approve and/or modify the assessments for weed
abatement.
Resolution 8547 entitled “Resolution of the Council of the City of
Palo Alto Confirming Weed Abatement Report and Ordering Cost
of Abatement to be a Special Assessment of the Respective
Properties Herein Described”
MOTION PASSED 9-0.
REPORTS OF OFFICIALS
8. Approval of Contract with NOVA Partners, Inc. in the Amount of
$173,678 for Construction Management Services and an Update on the
Children's Library Renovation and Expansion -- Capital Improvement
Program Project PE-04010
Public Works Project Engineer Debra Jacobs said NOVA Partners, Inc., an
architectural firm, was hired because it specialized in historic properties.
The City also hired a construction management firm to oversee the project.
A number of funding sources had been identified and additional funding
sources were being researched.
Vice Mayor Kleinberg asked how much additional funding was needed and what were the chances of receiving funds from various sources. Would
fundings be for interior furnishings or for capital.
Ms. Jacobs said funding was being sought for furnishings, fixtures and
equipment, which was outside the Capital Improvement Project (CIP), and
from other funding sources, which could be used specifically for the project.
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Director of Public Works Glenn Roberts said the CIP could be fully funded
with the existing resources. Additional funding was desired for furnishings
and equipment, but also to replenish monies borrowed from the
Infrastructure Management Plan (IMP).
Council Member Morton said he was pleased the project was moving
forward.
MOTION: Council Member Morton moved, seconded by Kleinberg, to accept
the staff recommendation to approve and authorize the City Manager or his
designee to execute the contract with NOVA Partners, Inc. (Attachment A of
CMR:326:05) in the amount of $157,978 for construction management
services and $15,700 for additional services for a total not to exceed the
amount of $173,678 for the Children’s Library Renovation and Expansion
Project—Capital Improvement Program Project PE-04010.
Council Member Freeman asked when the Council voted on reducing public
space and providing it to library personnel moving from the Main Library to
the Downtown Library.
City Manager Frank Benest said the Council had taken action based on the
Finance Committee’s recommendation.
MOTION PASSED 9-0.
COUNCIL MATTERS
9. Contract with CPS Executive Search for Council Appointed Officers
(CAO) Evaluations
Council Member Mossar said the Council had endorsed the continuation of
the evaluation process for the four CAOs. Staff had negotiated a contract
with Mr. John Shannon for the following: 1) $15,000 for the evaluations; 2)
a limit of ten hours of consulting time; and 3) a $3,000 limit of expenses for
a total contract of $20,000.
MOTION: Council Member Mossar moved, seconded by Beecham, to approve the contract to enable the Council to proceed expeditiously with the
current year’s evaluation process.
Council Member Beecham said the contract had been discussed extensively
and well represented.
Council Member Freeman said Mr. Shannon had worked for the Council for
three or four years.
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Council Member Mossar said Mr. Shannon had worked with the Council for
the first time in 2004.
Council Member Freeman said she believed the number of hours Mr.
Shannon expected to use could be reduced if the process was automated
and streamlined.
Council Member Mossar said the CAO Committee had discussed various
forms of input.
Council Member Cordell said Mr. Shannon’s contract had been increased by
$5,000 for an additional CAO’s evaluation. The initial cost for 2004 was for
developing and streamlining the process for subsequent years and would
reduce the cost.
Council Member Mossar said the same amount of money would be needed
if the CAO Committee decided to recruit another individual.
Council Member Morton said Mr. Shannon wanted fair payment for the
number of hours it took to work with nine Council Members.
Council Member Kishimoto said she had asked the same questions as a
member of the CAO Committee. Mr. Shannon had underestimated his fee in
2004.
Vice Mayor Kleinberg said there should be some up front cost efficiency for
the 2005 evaluations.
Council Member Mossar said the CAO Committee had spent four hours
meeting and reviewing the evaluation system and finalizing the schedule.
Vice Mayor Kleinberg asked whether the committee had spent four hours
with Mr. Shannon.
Council Member Mossar said a portion the time had been spent with Mr.
Shannon.
Vice Mayor Kleinberg asked whether Mr. Shannon had participated in all of
the discussions.
Council Member Mossar said Mr. Shannon was the recorder of the meetings
and acted as the Council’s staff to enable Council to perform their obligations
as managers of four high-level professional employees.
Vice Mayor Kleinberg said there were no efficiencies from the 2004 process.
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Council Member Mossar said the Council reviewed the process for
modifications in 2004. Time was spent with Mr. Shannon and the CAO
Committee on each part of the process to ensure it worked and was relevant
for 2005.
Vice Mayor Kleinberg said she believed the time spent in 2004 was the
follow-on for the first contract.
Council Member Mossar said it was the beginning of the current process.
Council Member Ojakian asked the Committee for the timing of the
evaluations.
Council Member Mossar said the intent was to complete the evaluations prior
to the Council’s vacation in August.
Council Member Ojakian asked whether Mr. Shannon would have the process
set up to assess the new members of the Council in 2006.
Council Member Mossar said the current process was for 2005.
Council Member Ojakian asked whether there would be a cost savings if the
current Council Members were to provide Mr. Shannon with the information
he needed.
Council Member Mossar said the evaluation portion of the contract was a
“not to exceed” amount. Money could be saved if the Council worked
proficiently.
Council Member Ojakian said his objective would be to save money.
Council Member Mossar said the Council did not want to constrain the CAOs’
right to request the CAO Committee’s time.
Council Member Freeman said the City Manager’s Report (CMR) schedule
needed to be revised. Mr. Shannon would be paid hourly for his time.
Assistant City Manager Emily Harrison said Mr. Shannon offered either a
contract “not to exceed $20,000” or a contract with an hourly rate.
Council Member Beecham clarified the $15,000 was a “not to exceed”
amount and an additional 10 hours or $2,000, which would be hourly. If the
10 hours were not used, the monies would not be spent. The expenses
would be $3,000 for incurred expenses.
Mayor Burch said the burden was on the Council to provide their material to
Mr. Shannon in a timely manner.
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Council Member Freeman said it was important for the Council to provide
their information to Mr. Shannon in a timely manner to ensure a cost
reduction.
Council Member Beecham agreed.
Council Member Morton said Mr. Shannon knew the Council Members’ styles;
their comments should be concise.
MOTION PASSED 7-2, Cordell, Freeman no.
COUNCIL COMMENTS, QUESTIONS, AND ANNOUNCEMENTS
Council Member Freeman questioned the new structure on the corner of El
Camino Real and Page Mill Road.
Council Member Kishimoto noted the structure was a temporary massing
model for a public art piece. She also noted on Item No. 3 that staff had
used environmental materials, and she encouraged staff to continue to look
into using those types of materials on projects.
Mayor Burch noted he and Council Member Kishimoto walked with a group of
Buddhist monks this past weekend to City Hall. The Buddhist monks were on
a pilgrimage to end nuclear weapons.
ADJOURNMENT: The meeting adjourned at 8:50 p.m.
ATTEST: APPROVED:
City Clerk Mayor
NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto
Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing
Committee meeting tapes are made solely for the purpose of facilitating the
preparation of the minutes of the meetings. City Council and Standing
Committee meeting tapes are recycled 90 days from the date of the
meeting. The tapes are available for members of the public to listen to
during regular office hours.
07/18/05 99-253